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Employer Has Not Paid You – You Have Options

In Indiana, if you are an hourly employee with an agreed upon wage, your employer is obligated to pay you for the hours you work within ten (10) days of the payment period end. For overtime, an Indiana employee is entitled to 1.5 times his or her hourly rate for any of the hours worked past a 40 hour work-week. If an employer does not make these payments, an individual may have what is known as a wage and hour claim.

Indiana has two statutes, the Wage Claims Statute, Indiana Code §22-2-9, and the Wage Payment Statute, Indiana Code §22-2-5. The Wage Claims Statute is for employees that have either been terminated or are in a labor organization dispute. Individuals with a claim under the Wage Claims Statute must first take their claim through the Indiana Department of Labor.

The Wage Payment Statute is for employees who have voluntarily left employment or are still currently employed.

Under both Indiana statutes, an employee is entitled to liquidated damages ranging from 10% to no more than double the amount of wages due and reasonable attorney’s fees. These damages are in addition to the wages owed.

These statutes are designed to pay individuals what they are due. Immigration status does not matter. Justice Boehm, in a concurring Indiana Supreme Court opinion, wrote:

“I write separately to observe that the facts of this case dramatize the point that the statute confers on all employees the right to recover treble damages and attorney’s fees for failure to pay wages, regardless of the employees’ circumstances. This is perfectly understandable as applied to the vast majority of workers who are dependent on their paychecks for their day-to-day expenses. These employees need the money currently, not at the end of protracted litigation, and often do not have the economic staying power to engage in a court battle over relatively small amounts. A statute providing one party with treble damages and attorney’s fees is a very substantial deterrent to an employer’s playing fast and loose with wage obligations. As applied to claims of most workers this is very understandable legislative policy.”

St. Vincent Hosp. & Health Care Ctr., Inc. v. Steele, 766 N.E.2d 699, 706 (Ind. 2002).

If you have worked, but not been paid, please contact the employment attorneys at Goodin Abernathy, LLP to determine if you have a wage and hour claim. Your time and effort is valuable – talk to us to determine your options for recovering your owed and earned wages.